International Patent Filing from India
To protect an invention outside India, file first in India, then within 12 months either file one PCT international application, which keeps more than 150 countries open until the national phase at 30 or 31 months, or file directly in each country under the Paris Convention. Indian residents must also satisfy the foreign filing licence rule in section 39 before filing abroad.
Reviewed by a Registered Patent Agent, GB Legal Associates · Updated
Which route suits your invention?
Every route starts from a priority date. What changes is how long you keep the decision on countries open, and how much you spend before you make it.
- Route 1Indian Patent Office (RO) → WIPO
PCT international application
One application within 12 months keeps every PCT state open until 30 or 31 months from priority.
Suits you when
- Several possible countries
- Time to test the market or raise funds
- A search report before major spend
Watch: National phase deadlines are strict and costs arrive together.
PCT international application - Route 2Each national office
Paris Convention filing
Direct applications in the countries you already know you need, within 12 months of priority.
Suits you when
- One or two certain markets
- Faster examination in a key country
- A budget you can commit now
Watch: All national costs fall at month 12; no later additions with priority.
Paris Convention filing - Route 3European Patent Office
European patent
One EPO examination for up to 39 states, then validation or a Unitary Patent for participating EU states.
Suits you when
- Several European markets
- One examination in English
- Unitary Patent coverage in one step
Watch: Validation and annual fees grow with each state.
European patent
Quick guide: if this is you, start here
- You are unsure which countries matter, or you are raising fundsPCT application
- The USA is your only foreign market and you want speedDirect US filing
- You will sell or manufacture across EuropeEuropean patent (EPO)
- You have not filed in India yetIndian provisional first
- You need the full Indian process, search to grantPatent filing in India
Routes and patent offices
Each page explains the office, the route from India, the timeline, the documents and the questions clients ask most.
What must happen before an Indian invention is filed abroad?
Two things: a priority date and clearance under section 39.
The priority date is the date of your first application anywhere. For most Indian applicants it is an Indian provisional or complete application. From that date you have 12 months to file abroad and claim it, under the Paris Convention and section 135 of the Patents Act. Publications and products released after the priority date do not count against you, but a disclosure before it can destroy novelty in most countries.
Section 39 applies to any person resident in India. Such a person may not file a patent application outside India for an invention unless either an application for the same invention was filed in India at least six weeks earlier and no secrecy direction was issued, or the Controller has granted written permission on Form 25. Breaching section 39 can lead to the Indian application being treated as abandoned, a granted patent being revoked, and penalties. It applies even when the inventors work for a foreign company, so check where each inventor lives before a priority filing is made abroad.
Where foreign patents are decided
There is no world patent. Each country, or regional office such as the European Patent Office, grants its own patent under its own law. The PCT only centralises the filing, search and an optional preliminary examination; grant always happens in the national or regional phase.
How do the PCT and Paris Convention routes compare?
The PCT buys time and a search report before the expensive national phase; Paris Convention filings go straight to the countries you already know you need.
| PCT international application | Paris Convention (direct) | |
|---|---|---|
| When to file | Within 12 months of the priority date | Within 12 months of the priority date |
| Where to file | Indian Patent Office as receiving office, or WIPO | Each national or regional office, through local attorneys |
| Countries kept open | All PCT contracting states (150+) | Only those you file in |
| Decision on countries | At the national phase: 30 or 31 months from priority | At 12 months |
| Search report | International search report and written opinion before national phase | From each office, on its own timetable |
| Costs | International fees now; national costs deferred to 30/31 months | All national costs at 12 months |
| Suits | Uncertain markets, investor time, several countries | One or two certain markets, speed in a key country |
Official fees are set by WIPO and each office. See the PCT fee tables; we confirm amounts in writing before filing.
How does a foreign patent filing work with us?
Before filing
Priority filing in India
A provisional or complete application at the Indian Patent Office sets the priority date and starts the six-week section 39 clock.
Months 1–10
Strategy and drafting
We review markets, budgets and any search results, and complete the specification for foreign standards (US claim practice, EPO support requirements).
By month 12
PCT or Paris filings
One PCT application with the Indian receiving office, or direct filings in chosen countries through local attorneys.
Months 16–22
International search
The international search report and written opinion arrive; we advise on amendments or a demand for preliminary examination.
By month 30/31
National phase
Entry in each country with translations and local attorneys; we coordinate deadlines and instructions.
Questions about international patent filing from India
Can I file a patent abroad first and in India later?
Only with written permission. A person resident in India needs a foreign filing licence under section 39 on Form 25, unless an Indian application was filed at least six weeks earlier and no secrecy direction was issued.
What is the latest date to file abroad?
12 months from the priority date, for both PCT and Paris Convention filings. After that you can still file, but without priority, so anything published in the meantime counts against you. Our patent deadline calculator works out the dates.
Is a PCT application an international patent?
No. It is an application that reserves your right to seek patents in PCT countries. Patents are granted only after national phase entry, by each office.
When is the PCT national phase deadline?
In most countries 30 months from the earliest priority date, including the USA, China and Japan. India and the European Patent Office allow 31 months. WIPO publishes a table of time limits.
Can the Indian Patent Office carry out the international search?
Yes. The Indian Patent Office has acted as an International Searching Authority and International Preliminary Examining Authority since 15 October 2013, and as a receiving office for Indian applicants.
Which countries should a startup choose?
Usually the markets where you will sell, manufacture or face competitors within the patent term, and where licensees or investors expect protection. The PCT lets you defer that decision for up to 30 or 31 months.
Official sources
Tell us your countries.
Send the mark or invention and the countries you have in mind. A registered agent replies in writing with the route, the steps and the official fees, within one working day.